If you successfully commission an artwork or illustration (Artwork) from an artist (Artist) through the Rtist application software (Rtist), which has been developed (and is owned) by Gorilla Arm Ltd (we or us), these terms and conditions will govern that commission (Commission). Before commissioning any Artwork through Rtist, you must click “Accept” to agree to these terms and conditions, which (if your Commission is accepted) will constitute a contract between you and the relevant Artist in relation to that Artwork. If you do not agree to these terms and conditions, you will not be able to commission any Artwork through Rtist.
1) Contract with Gorilla Arm Ltd
In return for the right to commission Artwork through Rtist, which we grant to you when you agree to these terms and conditions, you agree to commission Artwork strictly on the basis of these terms and conditions.
2) Commissioning an Artwork
You can (but you are not obliged to) commission Artwork from an Artist by sending him/her a Commission through Rtist, which should include all relevant information, comments, descriptions, materials, photographs and other images (Material), so that the Artist can create the Artwork in accordance with your specific requirements. If an Artist accepts your Commission, all Material remains your sole and exclusive property, but you grant the Artist the right to use that Material for the purpose of creating the Artwork.
3) Acceptance of commissions
After commissioning an Artwork through Rtist, if the relevant Artist is willing and able to create the Artwork, he/she will expressly confirm acceptance of the Commission by sending you an e-mail confirmation through Rtist, which will include an estimated date for delivering the finished Artwork (Delivery Date). If an Artist cannot accept your Commission, for any reason, he/she will usually reply to that effect. In any event, if an Artist does not respond to your Commission within twenty-four (24) hours, your Commission will be deemed to have been rejected by that Artist. Please remember that an Artist is not obliged to accept a Commission from you. For the avoidance of doubt, if an Artist rejects (or is deemed to reject) a Commission, you will not be charged and there will be no contract between you and that Artist.
The price of an Artwork (inclusive of VAT, materials, package/postage/delivery charges and the fee payable to Rtist) will be as stipulated on Rtist at the time you submit your Commission. If an Artist accepts that Commission, the price is paid by you to the Artist in advance. Payment will be taken from your debit or credit card when your Commission is accepted by the relevant Artist. The fee due to Rtist is deducted from the price, and the balance is then paid to the Artist.
5) Contracts with Artists
If you commission an Artwork, and an Artist expressly accepts that Commission by e-mail, that constitutes a separate legally-binding contract entered into directly between you and the relevant Artist. You undertake to comply with the terms and conditions of that contract, including to pay the stipulated price for the Artwork. As the Artwork created will be bespoke, once an Artist has accepted your Commission, you will have no right to terminate, cancel, revoke or suspend the Commission.
6) The Artwork
The Artwork will be (i) unframed and (ii) in the style shown or described on the relevant Artist’s profile on Rtist (which will remain the copyright of the Artist) and (iii) as far as possible, based on the Material provided by you when commissioning the Artwork. As there are variations in the creative process, you should expect the Artwork to be unique.
The Artist will use his/her reasonable endeavours to deliver the Artwork by the Delivery Date and will notify you of any anticipated delay(s) as soon as possible. On occasion, the delivery of an Artwork may be affected by an event outside of the Artist’s control, in which case he/she will not be liable for any delay in delivering, or (if applicable) any failure to deliver, the finished Artwork to you. However, in any case where an Artist fails to deliver a finished Artwork to you, you will be entitled to a full refund from the Artist.
8) Risk and ownership
The Commission will be fulfilled when you have paid the stipulated price to the Artist, and the finished Artwork has been delivered to the address given by you to the Artist. From that point on, the Artwork will be your property and your responsibility (including, without limitation, for insurance purposes).
Copyright in the Artwork will be retained by the Artist at all times, but he/she grants you an irrevocable licence to display the Artwork privately or to give (but not sell) the Artwork to a third party to display privately. You agree not to exploit or otherwise use the Artwork for any commercial, business or resale purpose(s). If, when submitting your Commission, you give permission for the Artist to display/publish copies of the Artwork (e.g. physically or via digital/social media), that permission cannot be revoked by you. You also acknowledge that the Artist may authorise us to use copies of your finished Artwork for marketing/promotional purposes, within Rtist itself or on our website (or on any other medium).
The Artwork should be created in the style of your chosen Artist, and will be bespoke and unique. As such, you will not be entitled to a refund where you are simply unhappy with the style or appearance of the Artwork. However, if you make a legitimate complaint in connection with any Artwork or any aspect of a Commission, or if an Artist accepts a Commission but can no longer fulfil that Commission, we may (at our sole discretion) decide that the Artist should refund all or part of the price paid by you. This may happen, for example, if (i) the Artwork does not accord with the Material provided by you, as part of your Commission, and/or it is not in the style shown/described in the Artist’s profile on Rtist (ii) the Artwork is damaged when (or before) it is delivered to you or (iii) there is a long delay in the delivery of the Artwork to you, or it is not delivered to you at all.
In the event of any dispute arising in connection with a Commission, you should first try to resolve that directly with the Artist. If you cannot resolve the dispute, we will consider each case individually and try to assist the parties in finding a solution. However please remember that, while we will try to facilitate the resolution of any such dispute, we will not be a party to the Commission and so (beyond the ability to require that a refund is made to you) we will have no control over the actions or conduct of the Artist in relation to that Commission.
12) Governing law/disputes
These terms and conditions, and any dispute or claim arising in connection with them or any Commission, will be governed by (and construed in accordance with) English law. The courts of England have exclusive jurisdiction to settle any such dispute or claim. However, if any potential dispute or claim does arise, in the first instance, please contact us to seek a resolution. We will consider helping the parties to resolve any such potential dispute or claim through alternative dispute resolution procedures (such as mediation or arbitration) as opposed to litigation.
We may change these terms and conditions, at any time, by posting the amended version here. We may also notify you of the changes by SMS, e-mail or when you next use Rtist. The amended terms and conditions may also be displayed on the screen of your device, and you may be required to read and accept them, in order to continue using Rtist. In any event, the amended terms and conditions will be effective fourteen (14) days after they are initially posted here. Your use of Rtist after that date will constitute your acceptance of the amended terms and conditions.
Any questions, comments or requests regarding these terms and conditions should be addressed to firstname.lastname@example.org